• The ADA Amendment Act (ADAAA) of 2008 redefines who is considered “disabled” under the Americans with Disabilities Act (ADA) and over time is likely to increase the number of employees who are considered disabled under the Americans with Disabilities Act (ADA). amendment. The ADAAA has made major changes to the following technical aspects of the ADA by: (1) redefining the term “substantially restrictive”, (2) enumerating and expanding the term “essential life activities” to include “essential bodily functions”, (3) excluding mitigating measures from consideration , (4) expanding the scope of “treated as” claims and specifying that no accommodations are required for “treated as” persons with disabilities, and (5) adding various employer-friendly provisions. ADAAA also requires the Equal Employment Opportunity Commission (EEOC) to issue new rules and guidelines. The rules should be in line with the broader scope provided by ADAAA and include a new statutory definition of “substantial limitations” that lowers the standard for an employee to be recognized as disabled.